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February 23, 2009
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FACSIMILE AT (909) 230-6889
Macally USA Mace Group, Inc.
Mike Chen, President
4601 E. Airport Drive
Ontario, CA 91761
Re: File No. EB-08-SE-531
Dear Mr. Chen:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5),
for marketing unauthorized and non-compliant radio frequency devices in
the United States in violation of Section 302(b) of the Act, 47 U.S.C. S:
302a(b), and Sections 2.803 and 15.239(b) of the Commission's Rules
("Rules"), 47 C.F.R. S:S: 2.803 and 15.239(b). As explained below, future
violations of the Commission's rules in this regard may subject your
company to monetary forfeitures.
By letter of inquiry ("LOI") dated June 18, 2008, the Spectrum Enforcement
Division of the Commission's Enforcement Bureau initiated an investigation
into whether Macally USA Mace Group, Inc. ("Macally) is marketing an
unauthorized radio frequency device in the United States -- specifically,
the FM Cup Transmitter. We received your response to the LOI on July 17,
2008. You state therein that you began marketing the FM Cup Transmitter on
February 17, 2006, that you have imported 88,245 FM Cup Transmitters into
the United States and that you have sold and distributed 81,780 of units
of that device in the United States. Additionally, you state that CML
Development Limited ("CML") manufactured the FM Cup Transmitter between
April 2006 and June 2007 and that Power 7 Technology ("Power 7") has
manufactured it between April 2007 and the present.
Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. S: 15.201(b),
intentional radiators, such as the FM Cup Transmitter, must be authorized
in accordance with the Commission's certification procedures prior to the
initiation of marketing in the United States. CML obtained an equipment
certification for the FM Cup Transmitter on June 6, 2006, and Power 7
obtained an equipment certification for the FM Cup Transmitter on July 11,
2008. Thus, all FM Cup Transmitter units manufactured by CML and marketed
by Macally before June 6, 2006, were apparently unauthorized, as were all
FM Cup Transmitter units manufactured by Power 7 and marketed by Macally
before July 11, 2008.
Section 302(b) of the Act provides that "[n]o person shall manufacture,
import, sell, offer for sale, or ship devices or home electronic equipment
and systems, or use devices, which fail to comply with regulations
promulgated pursuant to this section." Section 2.803(a)(1) of the
Commission's implementing regulations provides that:
no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by S: 2.925 and other relevant sections in this
chapter.
Under section 15.239(b) of the Rules, the field strength of any emission
within the band of operation may not exceed 250 microvolts per meter at 3
meters. Tests conducted by the FCC's Office of Engineering and Technology
Laboratory on an FM Cup Transmitter obtained by the Enforcement Bureau in
April 2008 indicate that emissions from the FM Cup Transmitter exceed the
authorized level.
Accordingly, it appears that Macally USA Mace Group, Inc., has violated
Section 302(b) of the Act and Sections 2.803 and 15.239(b) of the Rules by
marketing unauthorized and non-compliant radio frequency devices in the
United States.
If, after receipt of this citation, you violate the Communications Act or
the Commission's rules in any manner described herein, the Commission may
impose monetary forfeitures not to exceed $16,000 for each such violation
or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. Your
response should specify the actions that you are taking to ensure that you
do not violate the Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the Los Angeles District
Office, in Los Angeles, California. Please call Thomas D Fitz-Gibbon at
202-418-0693 if you wish to schedule a personal interview. You should
schedule any interview to take place within 30 days of the date of this
letter. You should send any written statement within 30 days of the date
of this letter to:
Thomas D. Fitz-Gibbon
Spectrum Enforcement Division
Enforcement Bureau
Re: EB-08-SE-531
Federal Communications Commission
445 12th Street, S.W., Rm. 3-A460
Washington, D.C. 2055
Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
Section 15.3(o) of the Rules defines an "intentional radiator" as a
"device that intentionally generates and emits radio frequency energy by
radiation or induction." 47 C.F.R. S: 15.3(o).
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to sale or lease, including advertising for sale or
lease, or importation, shipment or distribution for the purpose of selling
or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4).
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 09-407
1
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Federal Communications Commission DA 09-407
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554